Rule 11 sanctions do not apply to discovery (11(d)), if that's what you're asking. There's a separate rule for discovery sanctions, which we haven't gone over yet. It could be rule 37, but I'm really not sure.

skeptrix wrote:Rule 11 sanctions do not apply to discovery (11(d)), if that's what you're asking. There's a separate rule for discovery sanctions, which we haven't gone over yet. It could be rule 37, but I'm really not sure.

kalvano wrote:Rule 11 only applies to pleadings and answers. You must certify that you're not doing stuff just to fuck around and waste time.

Rule 37 is for discovery and being a recalcitrant dick and pissing off the court.

Right.

Example:

A court sanctions a party under Rule 11. However, all of the violations that are alleging and what the party was sanctioned for occurred in Discovery. The party motions to dismiss the sanctions. Would they be dismissed because they could only be brought under Rule 37 because Rule 37 was the proper Rule for sanctioning?

kalvano wrote:Rule 11 only applies to pleadings and answers. You must certify that you're not doing stuff just to fuck around and waste time.

Rule 37 is for discovery and being a recalcitrant dick and pissing off the court.

Right.

Example:

A court sanctions a party under Rule 11. However, all of the violations that are alleging and what the party was sanctioned for occurred in Discovery. The party motions to dismiss the sanctions. Would they be dismissed because they could only be brought under Rule 37 because Rule 37 was the proper Rule for sanctioning?

A court wouldn't sanction a party under Rule 11 once they are on to discovery. Only under Rule 37.

kalvano wrote:Rule 11 only applies to pleadings and answers. You must certify that you're not doing stuff just to fuck around and waste time.

Rule 37 is for discovery and being a recalcitrant dick and pissing off the court.

Right.

Example:

A court sanctions a party under Rule 11. However, all of the violations that are alleging and what the party was sanctioned for occurred in Discovery. The party motions to dismiss the sanctions. Would they be dismissed because they could only be brought under Rule 37 because Rule 37 was the proper Rule for sanctioning?

A court wouldn't sanction a party under Rule 11 once they are on to discovery. Only under Rule 37.

Actually, I should amend that. A court might sanction someone in Rule 11 if they get all the way through discovery and discover that everything was total bullshit, made up just to be a dick. But I doubt it would ever get that far. Typically, if you're talking trying to compel someone to discover something or punish them for not being forthcoming, it's Rule 37 and the Coca-Cola Bottling test.